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Did you consent to your involvement in this process? by Quinn Dombrowski (CC BY-SA 2.0) https://flic.kr/p/6Ghzp2

Canadian Chamber of Commerce, Canadian Marketing Association Take Aim At Digital Privacy Act’s Consent Provision

The Standing Committee on Industry, Science and Technology continues its hearing on the Digital Privacy Act (Bill S-4) yesterday, with appearances from Privacy Commissioner of Canada Daniel Therrien, the Canadian Chamber of Commerce, and the Canadian Marketing Association. Therrien expressed general support for the bill, but concern with the expanded voluntary disclosure provision.

The Canadian Chamber of Commerce and the Canadian Marketing Association seemed to take the committee by surprise by criticizing a provision in the bill that clarifies what constitutes meaningful consent. The proposed provision states:

6.1 For the purposes of clause 4.3 of Schedule 1, the consent of an individual is only valid if it is reasonable to expect that an individual to whom the organization’s activities are directed would understand the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting.

That provision should be uncontroversial given that it only describes what most would take to mean consent, namely that the person to whom the activities are directed would understand the consequences of consent. Indeed, Therrien expressed support for the change, noting:

February 18, 2015 — 3 comments — News

Trio by Ian Muttoo (CC BY-NC-SA 2.0) https://flic.kr/p/ij51E8

Why Bell’s Targeted Ad Approach Falls Short on Privacy

In October 2013, Bell announced the launch of a targeted advertising program that uses its customers’ personal information to deliver more “relevant advertising.” The announcement sparked hundreds of complaints with the Privacy Commissioner of Canada and a filing by the Public Interest Advocacy Centre over the same issue with the Canadian Radio-television and Telecommunications Commission.

My weekly technology law column (Toronto Star version, homepage version) notes that nearly a year and a half later, the complaints and filings remain unresolved. The CRTC case has succeeded in placing considerably more information on the public record, however, offering a better perspective on what Bell is doing and why its privacy approach falls short.

February 17, 2015 — 15 comments — Columns

The '67 Leafs on the Stanley Cup by Scazon (CC BY 2.0) https://flic.kr/p/5Criwf

Why the Copyright Board of Canada Needs a Leafs-Style Tear-Down

In recent weeks, there has been growing talk of the need for the Toronto Maple Leafs to engage in full scale demolition of the current roster (as a long-suffering Leaf fan, I approve). The call for an overhaul comes as fans recognize that minor tinkering has resulted in years of mediocrity and that real change requires more drastic reforms. While the Leafs and the Copyright Board of Canada operate in entirely different worlds, they share a key similarity: the desperate for a complete reset.

The problems with the Copyright Board have been well-chronicled: the industry has been unhappy with many of its decisions (see the Tariff 8 decision), its rulings on fair dealing have been firmly rejected by the Supreme Court of Canada (“flawed”, “unreasonable” and “skewed” were some of the comments), it has been forced to admit errors that resulted in procedural unfairness, its processes are flawed, its decision making takes years, and the public is largely excluded from the process. As I noted last year:

February 13, 2015 — Comments are Disabled — News

Extremely Urgent by Allan Reyes (CC BY-NC-ND 2.0) https://flic.kr/p/8tEboQ

The Nine Year Wait For Government Urgency on Privacy Reform

The Standing Committee on Industry, Science and Technology started its study on Bill S-4, the PIPEDA reform bill, last week. While news reports suggested that Industry Minister James Moore was open to changes, government MPs warned that any amendments would mean the bill would go back to the Senate for approval and likely die with the fall election. For example, MP Mark Warawa stated:

Minister, if we were to then delay and amend, would S-4 then have to go back to the Senate to get passed? My concern is – this is needed and a vast majority of Canadians want this passed – if we amend it, what’s the chance of it passing in this Parliament? Because, it’s needed.

Moore acknowledged that MPs can suggest reforms, but emphasized that “there is some urgency.”

The government’s sense of urgency with the PIPEDA reform bill is striking given that it has largely stalled progress on the key provisions in this bill for years. In fact, in one instance it left a privacy bill sitting for two years in the House of Commons with no movement whatsoever until it died with prorogation. The historical background behind Bill S-4 is as follows:

February 11, 2015 — 2 comments — News

ICANN_101512_0132 by icannphotos (CC BY-SA 2.0) https://flic.kr/p/djVGyz

CIRA Launches New Round of Funding For Community Investment Program

The Canadian Internet Registration Authority has launched another round of its Community Investment Program (I am on the CIRA board and chair the committee that reviews funding applications). Last year, the CIP allocated over $1 million in funding toward 29 different proposals that included support for infrastructure, new online services, research initiatives, and digital literacy programs. Those projects are still ongoing but that has not stopped CIRA from opening the door to a new round of funding. The application system is now open with applications accepted until March 6, 2015. Apply today!

February 9, 2015 — Comments are Disabled — News